Application for Declaration of Share in Property - Former Partner - Occupancy of Home by one Partner - Other Partner Migrated - Certificate of Title - Fraud - Limitation of Actions Act Section 3, 4, and 30 - Expert Testimony - R. 30-32 С.Р.R. 2002

Property Rights of Spouse Act  definition of “property”  chose in action  retirement benefits  pension

Civil Procedure - Effect of failure to file application to pay by instalment form (form 6) with claim form in accordance with CPR 8.16(1)(e) - Whether this is a defect which may be cured - Whether re-serving claim form with application to pay by instalment is a method by which defect may be cured - Whether such reservice of claim form must be within 12 months life of the claim form - Whether an extension of time within which to serve claim form may be made more than 12 months after the claim form was issued

Application - Jurisdiction to hear claim – Claimant was not appointed personal representation of the deceased intestate estate. Application for mother and next friend of the deceased to be appointed guardian ad litem for deceased intestate – estate amendment to claim – doctrine of relation back.

Property (Rights of Spouses) Act – Claimant’s entitlement to an interest in properties other than ‘family home’ – Claimant’s monetary and non-monetary contributions to the acquisition, conservation or improvement of the said properties – Section 14 of the Property (Rights of Spouses) Act

Damages- nuisance-negligence- trespass- Flood Water Act- aggravated damagescommercial interest-special costs certificate-indemnity costs

Judicial Review – Application for leave– Arguable ground having a realistic prospect of success – Considerations by court – Part 56 Civil Procedure Rules, Part 56

Application to set aside judgment entered in default of acknowledgment of service – what is proper service of registered article on a company – whether judgment entered irregularly – whether court ought to set aside judgment as of right or apply provisions of rule 13.3 Civil Procedure Code – section 52 Interpretation Act

Application to extend time to file claim under s.13 of the PROSA - Four considerations - Balance of prejudice - Limitation defence is a procedural but complete defence -Timing of application is very significant - There is to be equality of arms - Severe prejudice to be suffered by the defendant - Non-interference by the court with the terms agreed in a consent order as they are final and binding - Preserving status quo as regards first option to purchase family home - Acts of maintenance and upkeep deemed the alternative to the rent owed to the defendant by the claimant - Claimant derives a